Senate Bill 2288c1
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Florida Senate - 1998 CS for SB 2288
By the Committee on Criminal Justice and Senator Gutman
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1 A bill to be entitled
2 An act relating to juvenile justice; amending
3 s. 943.053, F.S.; authorizing the release of
4 certain juvenile criminal history records to a
5 private entity under contract with the
6 Department of Juvenile Justice; providing that
7 such records remain confidential and exempt
8 from the public records law; amending s.
9 984.03, F.S.; revising definitions; providing
10 for a juvenile probation officer to perform
11 certain duties formerly performed by an intake
12 counselor or case manager; amending s. 985.03,
13 F.S.; revising definitions; providing for a
14 juvenile probation officer to perform certain
15 duties formerly performed by an intake
16 counselor or case manager; providing that
17 penalties imposed for an escape from detention
18 or a commitment facility apply to a juvenile
19 who escapes from a maximum-risk residential
20 facility; conforming cross-references to
21 changes made by the act; amending ss. 985.207,
22 985.208, F.S., relating to conditions for
23 taking a juvenile into custody and detention;
24 conforming provisions to changes made by the
25 act; amending s. 985.209, F.S.; providing for
26 the Department of Juvenile Justice to establish
27 juvenile assessment centers; providing for the
28 centers to be operated through cooperative
29 agreements with other state agencies; providing
30 for intake and screening services; amending ss.
31 985.21, 985.211, F.S.; providing for certain
1
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1 functions formerly considered case-management
2 functions to be probation functions; amending
3 s. 985.215, F.S.; conforming terminology to
4 changes made by the act; requiring that a
5 juvenile held in secure detention awaiting
6 dispositional placement meet certain criteria
7 for detention; amending s. 985.216, F.S.;
8 deleting a provision authorizing placement of a
9 juvenile in a secure residential commitment
10 facility for direct or indirect contempt of
11 court; amending ss. 985.226, 985.23, F.S.,
12 relating to criteria for waiver of jurisdiction
13 and disposition hearings in delinquency cases;
14 conforming provisions to changes made by the
15 act; amending s. 985.231, F.S.; providing for
16 placing a juvenile on home detention with
17 electronic monitoring if a residential
18 consequence unit is not available; amending ss.
19 985.301, 985.304, F.S., relating to civil
20 citations and community arbitration; conforming
21 provisions to changes made by the act; deleting
22 certain references to case-management services;
23 amending s. 985.307, F.S.; extending the period
24 during which the Department of Juvenile Justice
25 is authorized to operate juvenile assignment
26 centers; amending ss. 985.31, 985.311, F.S.,
27 relating to serious or habitual juvenile
28 offenders and intensive residential treatment
29 programs for offenders less than 13 years of
30 age; conforming provisions to changes made by
31 the act; transferring, renumbering, and
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1 amending s. 944.401, F.S., relating to the
2 offense of escaping from secure detention or a
3 residential commitment facility; conforming a
4 cross-reference; amending s. 985.406, F.S.,
5 relating to juvenile justice training
6 academies; conforming provisions to changes
7 made by the act; amending s. 985.412, F.S.;
8 deleting a duty of the department's inspector
9 general with respect to quality assurance;
10 amending s. 985.413, F.S.; increasing the
11 number of consecutive terms that may be served
12 by a member of a district juvenile justice
13 board; deleting an exemption from such
14 limitation; amending s. 985.414, F.S.;
15 specifying the parties to be included in an
16 interagency agreement for developing a county
17 juvenile justice plan; amending s. 985.415,
18 F.S.; revising eligibility requirements for a
19 Community Juvenile Justice Partnership Grant;
20 providing effective dates.
21
22 Be It Enacted by the Legislature of the State of Florida:
23
24 Section 1. Subsection (8) is added to section 943.053,
25 Florida Statutes, to read:
26 943.053 Dissemination of criminal justice information;
27 fees.--
28 (8) Notwithstanding s. 943.0525 or any user agreement
29 adopted under s. 943.0525, and notwithstanding the
30 confidentiality of sealed records provided in s. 943.059, the
31 Department of Juvenile Justice and any other state or local
3
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1 criminal justice agency may provide a copy of the Florida
2 criminal history records of a juvenile offender currently or
3 formerly detained or housed in a contracted juvenile
4 assessment center or detention facility, or treated through a
5 treatment program, or the Florida criminal history records of
6 an employee or other individual who has access to a contracted
7 juvenile assessment center, detention facility, or treatment
8 program, only to an entity under direct contract with the
9 Department of Juvenile Justice to operate a juvenile
10 assessment center, detention facility, or treatment program.
11 The criminal justice agency may assess a charge for providing
12 the records as provided in chapter 119. A sealed record
13 received by a private entity under this subsection remains
14 confidential and exempt from s. 119.07(1) and s. 24(a), Art. I
15 of the State Constitution. Information provided under this
16 subsection may be used only for the criminal justice purpose
17 for which it was requested and may not be further
18 disseminated.
19 Section 2. Paragraph (c) of subsection (29), paragraph
20 (c) of subsection (30), and subsections (31), (32), and (33)
21 of section 984.03, Florida Statutes, are amended to read:
22 984.03 Definitions.--When used in this chapter, the
23 term:
24 (29) "Habitually truant" means that:
25 (c) A school representative, designated according to
26 school board policy, and a juvenile probation officer an
27 intake counselor or case manager of the Department of Juvenile
28 Justice have jointly investigated the truancy problem or, if
29 that was not feasible, have performed separate investigations
30 to identify conditions that which may be contributing to the
31 truant behavior; and if, after a joint staffing of the case to
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1 determine the necessity for services, such services were
2 determined to be needed, the persons who performed the
3 investigations met jointly with the family and child to
4 discuss any referral to appropriate community agencies for
5 economic services, family or individual counseling, or other
6 services required to remedy the conditions that are
7 contributing to the truant behavior.
8 (30) "Intake" means the initial acceptance and
9 screening by the Department of Juvenile Justice of a complaint
10 or a law enforcement report or probable cause affidavit of
11 delinquency, family in need of services, or child in need of
12 services to determine the recommendation to be taken in the
13 best interests of the child, the family, and the community.
14 The emphasis of intake is on diversion and the least
15 restrictive available services. Consequently, intake includes
16 such alternatives as:
17 (c) The recommendation by the juvenile probation
18 officer intake counselor or case manager of judicial handling
19 when appropriate and warranted.
20 (31) "Intake counselor" or "case manager" means the
21 authorized agent of the Department of Juvenile Justice
22 performing the intake or case management function for a child
23 alleged to be delinquent or in need of services, or from a
24 family in need of services.
25 (31)(32) "Judge" means the circuit judge exercising
26 jurisdiction pursuant to this chapter.
27 (32)(33) "Juvenile justice continuum" includes, but is
28 not limited to, delinquency prevention programs and services
29 designed for the purpose of preventing or reducing delinquent
30 acts, including criminal activity by youth gangs and juvenile
31 arrests, as well as programs and services targeted at children
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1 who have committed delinquent acts, and children who have
2 previously been committed to residential treatment programs
3 for delinquents. The term includes
4 children-in-need-of-services and families-in-need-of-services
5 programs; aftercare and reentry services; substance abuse and
6 mental health programs; educational and vocational programs;
7 recreational programs; community services programs; community
8 service work programs; and alternative dispute resolution
9 programs serving children at risk of delinquency and their
10 families, whether offered or delivered by state or local
11 governmental entities, public or private for-profit or
12 not-for-profit organizations, or religious or charitable
13 organizations.
14 (33) "Juvenile probation officer" means the authorized
15 agent of the department who performs and directs intake,
16 assessment, probation or aftercare, and other related
17 services.
18 Section 3. Paragraph (c) of subsection (27), paragraph
19 (c) of subsection (29), and subsections (30), (31), (32),
20 (45), and (55) of section 985.03, Florida Statutes, are
21 amended to read:
22 985.03 Definitions.--When used in this chapter, the
23 term:
24 (27) "Habitually truant" means that:
25 (c) A school representative, designated according to
26 school board policy, and a juvenile probation officer an
27 intake counselor or case manager of the Department of Juvenile
28 Justice have jointly investigated the truancy problem or, if
29 that was not feasible, have performed separate investigations
30 to identify conditions that could which may be contributing to
31 the truant behavior; and if, after a joint staffing of the
6
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1 case to determine the necessity for services, such services
2 were determined to be needed, the persons who performed the
3 investigations met jointly with the family and child to
4 discuss any referral to appropriate community agencies for
5 economic services, family or individual counseling, or other
6 services required to remedy the conditions that are
7 contributing to the truant behavior.
8 (29) "Intake" means the initial acceptance and
9 screening by the Department of Juvenile Justice of a complaint
10 or a law enforcement report or probable cause affidavit of
11 delinquency, family in need of services, or child in need of
12 services to determine the recommendation to be taken in the
13 best interests of the child, the family, and the community.
14 The emphasis of intake is on diversion and the least
15 restrictive available services. Consequently, intake includes
16 such alternatives as:
17 (c) The recommendation by the juvenile probation
18 officer intake counselor or case manager of judicial handling
19 when appropriate and warranted.
20 (30) "Intake counselor" or "case manager" means the
21 authorized agent of the Department of Juvenile Justice
22 performing the intake or case management function for a child
23 alleged to be delinquent.
24 (30)(31) "Judge" means the circuit judge exercising
25 jurisdiction pursuant to this chapter.
26 (31)(32) "Juvenile justice continuum" includes, but is
27 not limited to, delinquency prevention programs and services
28 designed for the purpose of preventing or reducing delinquent
29 acts, including criminal activity by youth gangs, and juvenile
30 arrests, as well as programs and services targeted at children
31 who have committed delinquent acts, and children who have
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1 previously been committed to residential treatment programs
2 for delinquents. The term includes
3 children-in-need-of-services and families-in-need-of-services
4 programs; aftercare and reentry services; substance abuse and
5 mental health programs; educational and vocational programs;
6 recreational programs; community services programs; community
7 service work programs; and alternative dispute resolution
8 programs serving children at risk of delinquency and their
9 families, whether offered or delivered by state or local
10 governmental entities, public or private for-profit or
11 not-for-profit organizations, or religious or charitable
12 organizations.
13 (32) "Juvenile probation officer" means the authorized
14 agent of the Department of Juvenile Justice who performs the
15 intake or case-management function for a child alleged to be
16 delinquent.
17 (45) "Restrictiveness level" means the level of
18 custody provided by programs that service the custody and care
19 needs of committed children. There shall be five
20 restrictiveness levels:
21 (a) Minimum-risk nonresidential.--Youth assessed and
22 classified for placement in programs at this restrictiveness
23 level represent a minimum risk to themselves and public safety
24 and do not require placement and services in residential
25 settings. Programs or program models in this restrictiveness
26 level include: community counselor supervision programs,
27 special intensive group programs, nonresidential marine
28 programs, nonresidential training and rehabilitation centers,
29 and other local community nonresidential programs.
30 (b) Low-risk residential.--Youth assessed and
31 classified for placement in programs at this level represent a
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1 low risk to themselves and public safety and do require
2 placement and services in residential settings. Programs or
3 program models in this restrictiveness level include: Short
4 Term Offender Programs (STOP), group treatment homes, family
5 group homes, proctor homes, and Short Term Environmental
6 Programs (STEP). Section 985.3141 944.401 applies to children
7 placed in programs in this restrictiveness level.
8 (c) Moderate-risk residential.--Youth assessed and
9 classified for placement in programs in this restrictiveness
10 level represent a moderate risk to public safety. Programs
11 are designed for children who require close supervision but do
12 not need placement in facilities that are physically secure.
13 Programs in the moderate-risk residential restrictiveness
14 level provide 24-hour awake supervision, custody, care, and
15 treatment. Upon specific appropriation, a facility at this
16 restrictiveness level may have a security fence around the
17 perimeter of the grounds of the facility and may be
18 hardware-secure or staff-secure. The staff at a facility at
19 this restrictiveness level may seclude a child who is a
20 physical threat to himself or others. Mechanical restraint
21 may also be used when necessary. Programs or program models in
22 this restrictiveness level include: halfway houses, START
23 Centers, the Dade Intensive Control Program, licensed
24 substance abuse residential programs, and moderate-term
25 wilderness programs designed for committed delinquent youth
26 that are operated or contracted by the Department of Juvenile
27 Justice. Section 985.3141 944.401 applies to children in
28 moderate-risk residential programs.
29 (d) High-risk residential.--Youth assessed and
30 classified for this level of placement require close
31 supervision in a structured residential setting that provides
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1 24-hour-per-day secure custody, care, and supervision.
2 Placement in programs in this level is prompted by a concern
3 for public safety that outweighs placement in programs at
4 lower restrictiveness levels. Programs or program models in
5 this level are staff-secure or physically secure residential
6 commitment facilities and include: training schools, intensive
7 halfway houses, residential sex offender programs, long-term
8 wilderness programs designed exclusively for committed
9 delinquent youth, boot camps, secure halfway house programs,
10 and the Broward Control Treatment Center. Section 985.3141
11 944.401 applies to children placed in programs in this
12 restrictiveness level.
13 (e) Maximum-risk residential.--Youth assessed and
14 classified for this level of placement require close
15 supervision in a maximum security residential setting that
16 provides 24-hour-per-day secure custody, care, and
17 supervision. Placement in a program in this level is prompted
18 by a demonstrated need to protect the public. Programs or
19 program models in this level are maximum-secure-custody,
20 long-term residential commitment facilities that are intended
21 to provide a moderate overlay of educational, vocational, and
22 behavioral-modification services. Section 985.3141 applies to
23 children placed in programs in this restrictiveness level. and
24 include programs for serious and habitual juvenile offenders
25 and other maximum-security program models authorized by the
26 Legislature and established by rule.
27 (55) "Temporary release" means the terms and
28 conditions under which a child is temporarily released from a
29 commitment facility or allowed home visits. If the temporary
30 release is from a moderate-risk residential facility, a
31 high-risk residential facility, or a maximum-risk residential
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1 facility, the terms and conditions of the temporary release
2 must be approved by the child, the court, and the facility.
3 The term includes periods during which the child is supervised
4 pursuant to a reentry program or an aftercare program or a
5 period during which the child is supervised by a juvenile
6 probation officer case manager or other nonresidential staff
7 of the department or staff employed by an entity under
8 contract with the department. A child placed in a
9 postcommitment supervision community control program by order
10 of the court is not considered to be on temporary release and
11 is not subject to the terms and conditions of temporary
12 release.
13 Section 4. Subsection (2) of section 985.207, Florida
14 Statutes, is amended to read:
15 985.207 Taking a child into custody.--
16 (2) When a child is taken into custody as provided in
17 this section, the person taking the child into custody shall
18 attempt to notify the parent, guardian, or legal custodian of
19 the child. The person taking the child into custody shall
20 continue such attempt until the parent, guardian, or legal
21 custodian of the child is notified or the child is delivered
22 to a juvenile probation officer an intake counselor pursuant
23 to s. 985.21, whichever occurs first. If the child is
24 delivered to a juvenile probation officer an intake counselor
25 before the parent, guardian, or legal custodian is notified,
26 the juvenile probation officer intake counselor or case
27 manager shall continue the attempt to notify until the parent,
28 guardian, or legal custodian of the child is notified.
29 Section 5. Subsection (2) of section 985.208, Florida
30 Statutes, is amended to read:
31
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1 985.208 Detention of furloughed child or escapee on
2 authority of the department.--
3 (2) Any sheriff or other law enforcement officer, upon
4 the request of the secretary of the department or duly
5 authorized agent, shall take a child who has escaped or
6 absconded from a department facility for committed delinquent
7 children, or from being lawfully transported thereto or
8 therefrom, into custody and deliver the child to the
9 appropriate juvenile probation officer intake counselor or
10 case manager of the department.
11 Section 6. Section 985.209, Florida Statutes, is
12 amended to read:
13 985.209 Juvenile justice assessment centers.--
14 (1) As used in this section, the term "center" means a
15 juvenile assessment center comprising community operated
16 facilities and programs that provide colocated central intake
17 and screening services for youth referred to the Department of
18 Juvenile Justice.
19 (2) The department shall work cooperatively with
20 substance abuse programs, mental health providers, law
21 enforcement agencies, schools, health service providers, the
22 public defenders, and other agencies serving youth to
23 establish juvenile assessment centers. Each current and newly
24 established center shall be developed and modified through the
25 local initiative of community agencies and local governments
26 and shall provide a broad array of youth-related services
27 appropriate to the needs of the community where the center is
28 located.
29 (3) Each center shall be managed and governed by the
30 participating agencies, consistent with respective statutory
31 requirements of each agency, through an advisory committee and
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1 interagency agreements established with participating
2 entities. The advisory committee shall guide the center's
3 operation and ensure that appropriate and relevant agencies
4 are collaboratively participating in and providing services at
5 the center. Each participating state agency shall have
6 operational oversight of only those individual service
7 components located and provided at the center for which the
8 state agency has statutory authority and responsibility.
9 (4) Each center shall provide colocated central intake
10 and screening services for youth referred to the department.
11 The center shall provide sufficient services needed to
12 facilitate the initial screening of and case processing for
13 youth, including, at a minimum, delinquency intake; positive
14 identification of the youth; detention admission screening;
15 needs assessment; substance abuse screening and assessments;
16 physical and mental health screening; and diagnostic testing
17 as appropriate. The department shall provide sufficient staff
18 and resources at a center to provide detention screening and
19 intake services.
20 (5) Each center must provide for the coordination and
21 sharing of information among the participating agencies to
22 facilitate the screening of and case processing for youth
23 referred to the department. The department shall work
24 cooperatively with substance abuse facilities, mental health
25 providers, law enforcement agencies, schools, health services
26 providers, and other entities involved with children to
27 establish a juvenile justice assessment center in each service
28 district. The assessment center shall serve as central intake
29 and screening for children referred to the department. Each
30 juvenile justice assessment center shall provide services
31 needed to facilitate initial screening of children, including
13
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1 intake and needs assessment, substance abuse screening,
2 physical and mental health screening, and diagnostic testing,
3 as appropriate. The entities involved in the assessment center
4 shall make the resources for the provision of these services
5 available at the same level to which they are available to the
6 general public.
7 Section 7. Section 985.21, Florida Statutes, is
8 amended to read:
9 985.21 Intake and case management.--
10 (1)(a) During the intake process, the juvenile
11 probation officer intake counselor shall screen each child to
12 determine:
13 1. Appropriateness for release, referral to a
14 diversionary program including, but not limited to, a
15 teen-court program, referral for community arbitration, or
16 referral to some other program or agency for the purpose of
17 nonofficial or nonjudicial handling.
18 2. The presence of medical, psychiatric,
19 psychological, substance abuse, educational problems, or other
20 conditions that may have caused the child to come to the
21 attention of law enforcement or the Department of Juvenile
22 Justice. In cases where such conditions are identified, and a
23 nonjudicial handling of the case is chosen, the juvenile
24 probation officer intake counselor shall attempt to refer the
25 child to a program or agency, together with all available and
26 relevant assessment information concerning the child's
27 precipitating condition.
28 3. The Department of Juvenile Justice shall develop a
29 case management system whereby a child brought into intake is
30 assigned a juvenile probation officer case manager if the
31 child was not released, referred to a diversionary program,
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1 referred for community arbitration, or referred to some other
2 program or agency for the purpose of nonofficial or
3 nonjudicial handling, and shall make every reasonable effort
4 to provide continuity of case management for the child;
5 provided, however, that case management for children committed
6 to residential programs may be transferred as provided in s.
7 985.316.
8 4. In addition to duties specified in other sections
9 and through departmental rules, the assigned juvenile
10 probation officer case manager shall be responsible for the
11 following:
12 a. Ensuring that a risk assessment instrument
13 establishing the child's eligibility for detention has been
14 accurately completed and that the appropriate recommendation
15 was made to the court.
16 b. Inquiring as to whether the child understands his
17 or her rights to counsel and against self-incrimination.
18 c. Performing the preliminary screening and making
19 referrals for comprehensive assessment regarding the child's
20 need for substance abuse treatment services, mental health
21 services, retardation services, literacy services, or other
22 educational or treatment services.
23 d. Coordinating the multidisciplinary assessment when
24 required, which includes the classification and placement
25 process that determines the child's priority needs, risk
26 classification, and treatment plan. When sufficient evidence
27 exists to warrant a comprehensive assessment and the child
28 fails to voluntarily participate in the assessment efforts, it
29 is the responsibility of the juvenile probation officer case
30 manager to inform the court of the need for the assessment and
31 the refusal of the child to participate in such assessment.
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1 This assessment, classification, and placement process shall
2 develop into the predisposition report.
3 e. Making recommendations for services and
4 facilitating the delivery of those services to the child,
5 including any mental health services, educational services,
6 family counseling services, family assistance services, and
7 substance abuse services. The juvenile probation officer
8 delinquency case manager shall serve as the primary case
9 manager for the purpose of managing, coordinating, and
10 monitoring the services provided to the child. Each program
11 administrator within the Department of Children and Family
12 Services shall cooperate with the primary case manager in
13 carrying out the duties and responsibilities described in this
14 section.
15
16 The Department of Juvenile Justice shall annually advise the
17 Legislature and the Executive Office of the Governor of the
18 resources needed in order for the case management system to
19 maintain a staff-to-client ratio that is consistent with
20 accepted standards and allows the necessary supervision and
21 services for each child. The intake process and case
22 management system shall provide a comprehensive approach to
23 assessing the child's needs, relative risks, and most
24 appropriate handling, and shall be based on an individualized
25 treatment plan.
26 (b) The intake and case management system shall
27 facilitate consistency in the recommended placement of each
28 child, and in the assessment, classification, and placement
29 process, with the following purposes:
30 1. An individualized, multidisciplinary assessment
31 process that identifies the priority needs of each individual
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1 child for rehabilitation and treatment and identifies any
2 needs of the child's parents or guardians for services that
3 would enhance their ability to provide adequate support,
4 guidance, and supervision for the child. This process shall
5 begin with the detention risk assessment instrument and
6 decision, shall include the intake preliminary screening and
7 comprehensive assessment for substance abuse treatment
8 services, mental health services, retardation services,
9 literacy services, and other educational and treatment
10 services as components, additional assessment of the child's
11 treatment needs, and classification regarding the child's
12 risks to the community and, for a serious or habitual
13 delinquent child, shall include the assessment for placement
14 in a serious or habitual delinquent children program pursuant
15 to s. 985.31. The completed multidisciplinary assessment
16 process shall result in the predisposition report.
17 2. A classification system that assigns a relative
18 risk to the child and the community based upon assessments
19 including the detention risk assessment results when available
20 to classify the child's risk as it relates to placement and
21 supervision alternatives.
22 3. An admissions process that facilitates for each
23 child the utilization of the treatment plan and setting most
24 appropriate to meet the child's programmatic needs and provide
25 the minimum program security needed to ensure public safety.
26 (2) The intake process shall be performed by the
27 department through a case management system. The purpose of
28 the intake process is to assess the child's needs and risks
29 and to determine the most appropriate treatment plan and
30 setting for the child's programmatic needs and risks. The
31 intake process shall result in choosing the most appropriate
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1 services through a balancing of the interests and needs of the
2 child with those of the family and the public. The juvenile
3 probation officer intake counselor or case manager is
4 responsible for making informed decisions and recommendations
5 to other agencies, the state attorney, and the courts so that
6 the child and family may receive the least intrusive service
7 alternative throughout the judicial process. The department
8 shall establish uniform procedures for the juvenile probation
9 officer intake counselor or case manager to provide, prior to
10 the filing of a petition or as soon as possible thereafter and
11 prior to a disposition hearing, a preliminary screening of the
12 child and family for substance abuse and mental health
13 services.
14 (3) A report, affidavit, or complaint alleging that a
15 child has committed a delinquent act or violation of law shall
16 be made to the intake office operating in the county in which
17 the child is found or in which the delinquent act or violation
18 of law occurred. Any person or agency having knowledge of the
19 facts may make such a written report, affidavit, or complaint
20 and shall furnish to the intake office facts sufficient to
21 establish the jurisdiction of the court and to support a
22 finding by the court that the child has committed a delinquent
23 act or violation of law.
24 (4) The juvenile probation officer intake counselor or
25 case manager shall make a preliminary determination as to
26 whether the report, affidavit, or complaint is complete,
27 consulting with the state attorney as may be necessary. In any
28 case where the juvenile probation officer intake counselor or
29 case manager or the state attorney finds that the report,
30 affidavit, or complaint is insufficient by the standards for a
31 probable cause affidavit, the juvenile probation officer
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1 intake counselor or case manager or state attorney shall
2 return the report, affidavit, or complaint, without delay, to
3 the person or agency originating the report, affidavit, or
4 complaint or having knowledge of the facts or to the
5 appropriate law enforcement agency having investigative
6 jurisdiction of the offense, and shall request, and the person
7 or agency shall promptly furnish, additional information in
8 order to comply with the standards for a probable cause
9 affidavit.
10 (a) The juvenile probation officer intake counselor or
11 case manager, upon determining that the report, affidavit, or
12 complaint is complete, may, in the case of a child who is
13 alleged to have committed a delinquent act or violation of
14 law, recommend that the state attorney file a petition of
15 delinquency or an information or seek an indictment by the
16 grand jury. However, such a recommendation is not a
17 prerequisite for any action taken by the state attorney.
18 (b) The juvenile probation officer intake counselor or
19 case manager, upon determining that the report, affidavit, or
20 complaint is complete, pursuant to uniform procedures
21 established by the department, shall:
22 1. When indicated by the preliminary screening,
23 provide for a comprehensive assessment of the child and family
24 for substance abuse problems, using community-based licensed
25 programs with clinical expertise and experience in the
26 assessment of substance abuse problems.
27 2. When indicated by the preliminary screening,
28 provide for a comprehensive assessment of the child and family
29 for mental health problems, using community-based
30 psychologists, psychiatrists, or other licensed mental health
31
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1 professionals with clinical expertise and experience in the
2 assessment of mental health problems.
3
4 When indicated by the comprehensive assessment, the department
5 is authorized to contract within appropriated funds for
6 services with a local nonprofit community mental health or
7 substance abuse agency licensed or authorized under chapter
8 394, or chapter 397, or other authorized nonprofit social
9 service agency providing related services. The determination
10 of mental health or substance abuse services shall be
11 conducted in coordination with existing programs providing
12 mental health or substance abuse services in conjunction with
13 the intake office. Client information resulting from the
14 screening and evaluation shall be documented pursuant to rules
15 established by the department and shall serve to assist the
16 juvenile probation officer intake counselor or case manager in
17 providing the most appropriate services and recommendations in
18 the least intrusive manner. Such client information shall be
19 used in the multidisciplinary assessment and classification of
20 the child, but such information, and any information obtained
21 directly or indirectly through the assessment process, is
22 inadmissible in court prior to the disposition hearing, unless
23 the child's written consent is obtained. At the disposition
24 hearing, documented client information shall serve to assist
25 the court in making the most appropriate custody,
26 adjudicatory, and dispositional decision. If the screening and
27 assessment indicate that the interest of the child and the
28 public will be best served thereby, the juvenile probation
29 officer intake counselor or case manager, with the approval of
30 the state attorney, may refer the child for care, diagnostic
31 and evaluation services, substance abuse treatment services,
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1 mental health services, retardation services, a diversionary
2 or arbitration or mediation program, community service work,
3 or other programs or treatment services voluntarily accepted
4 by the child and the child's parents or legal guardians. The
5 victim, if any, and the law enforcement agency which
6 investigated the offense shall be notified immediately by the
7 state attorney of the action taken under this paragraph.
8 Whenever a child volunteers to participate in any work program
9 under this chapter or volunteers to work in a specified state,
10 county, municipal, or community service organization
11 supervised work program or to work for the victim, the child
12 shall be considered an employee of the state for the purposes
13 of liability. In determining the child's average weekly wage,
14 unless otherwise determined by a specific funding program, all
15 remuneration received from the employer is considered a
16 gratuity, and the child is not entitled to any benefits
17 otherwise payable under s. 440.15, regardless of whether the
18 child may be receiving wages and remuneration from other
19 employment with another employer and regardless of the child's
20 future wage-earning capacity.
21 (c) The juvenile probation officer intake counselor or
22 case manager, upon determining that the report, affidavit, or
23 complaint complies with the standards of a probable cause
24 affidavit and that the interest of the child and the public
25 will be best served, may recommend that a delinquency petition
26 not be filed. If such a recommendation is made, the juvenile
27 probation officer intake counselor or case manager shall
28 advise in writing the person or agency making the report,
29 affidavit, or complaint, the victim, if any, and the law
30 enforcement agency having investigative jurisdiction of the
31 offense of the recommendation and the reasons therefor; and
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1 that the person or agency may submit, within 10 days after the
2 receipt of such notice, the report, affidavit, or complaint to
3 the state attorney for special review. The state attorney,
4 upon receiving a request for special review, shall consider
5 the facts presented by the report, affidavit, or complaint,
6 and by the juvenile probation officer intake counselor or case
7 manager who made the recommendation that no petition be filed,
8 before making a final decision as to whether a petition or
9 information should or should not be filed.
10 (d) In all cases in which the child is alleged to have
11 committed a violation of law or delinquent act and is not
12 detained, the juvenile probation officer intake counselor or
13 case manager shall submit a written report to the state
14 attorney, including the original report, complaint, or
15 affidavit, or a copy thereof, including a copy of the child's
16 prior juvenile record, within 20 days after the date the child
17 is taken into custody. In cases in which the child is in
18 detention, the intake office report must be submitted within
19 24 hours after the child is placed into detention. The intake
20 office report must recommend either that a petition or
21 information be filed or that no petition or information be
22 filed, and must set forth reasons for the recommendation.
23 (e) The state attorney may in all cases take action
24 independent of the action or lack of action of the juvenile
25 probation officer intake counselor or case manager, and shall
26 determine the action which is in the best interest of the
27 public and the child. If the child meets the criteria
28 requiring prosecution as an adult pursuant to s. 985.226, the
29 state attorney shall request the court to transfer and certify
30 the child for prosecution as an adult or shall provide written
31
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1 reasons to the court for not making such request. In all other
2 cases, the state attorney may:
3 1. File a petition for dependency;
4 2. File a petition pursuant to chapter 984;
5 3. File a petition for delinquency;
6 4. File a petition for delinquency with a motion to
7 transfer and certify the child for prosecution as an adult;
8 5. File an information pursuant to s. 985.227;
9 6. Refer the case to a grand jury;
10 7. Refer the child to a diversionary, pretrial
11 intervention, arbitration, or mediation program, or to some
12 other treatment or care program if such program commitment is
13 voluntarily accepted by the child or the child's parents or
14 legal guardians; or
15 8. Decline to file.
16 (f) In cases in which a delinquency report, affidavit,
17 or complaint is filed by a law enforcement agency and the
18 state attorney determines not to file a petition, the state
19 attorney shall advise the clerk of the circuit court in
20 writing that no petition will be filed thereon.
21 (5) Prior to requesting that a delinquency petition be
22 filed or prior to filing a dependency petition, the juvenile
23 probation intake officer may request the parent or legal
24 guardian of the child to attend a course of instruction in
25 parenting skills, training in conflict resolution, and the
26 practice of nonviolence; to accept counseling; or to receive
27 other assistance from any agency in the community which
28 notifies the clerk of the court of the availability of its
29 services. Where appropriate, the juvenile probation intake
30 officer shall request both parents or guardians to receive
31 such parental assistance. The juvenile probation intake
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1 officer may, in determining whether to request that a
2 delinquency petition be filed, take into consideration the
3 willingness of the parent or legal guardian to comply with
4 such request.
5 Section 8. Subsections (3) and (4) and paragraph (c)
6 of subsection (6) of section 985.211, Florida Statutes, are
7 amended to read:
8 985.211 Release or delivery from custody.--
9 (3) If the child is released, the person taking the
10 child into custody shall make a written report or probable
11 cause affidavit to the appropriate juvenile probation officer
12 intake counselor or case manager within 3 days, stating the
13 facts and the reason for taking the child into custody. Such
14 written report or probable cause affidavit shall:
15 (a) Identify the child, the parents, guardian, or
16 legal custodian, and the person to whom the child was
17 released.
18 (b) Contain sufficient information to establish the
19 jurisdiction of the court and to make a prima facie showing
20 that the child has committed a violation of law or a
21 delinquent act.
22 (4) A person taking a child into custody who
23 determines, pursuant to s. 985.215, that the child should be
24 detained or released to a shelter designated by the
25 department, shall make a reasonable effort to immediately
26 notify the parent, guardian, or legal custodian of the child
27 and shall, without unreasonable delay, deliver the child to
28 the appropriate juvenile probation officer intake counselor or
29 case manager or, if the court has so ordered pursuant to s.
30 985.215, to a detention center or facility. Upon delivery of
31 the child, the person taking the child into custody shall make
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1 a written report or probable cause affidavit to the
2 appropriate juvenile probation officer intake counselor or
3 case manager. Such written report or probable cause affidavit
4 must:
5 (a) Identify the child and, if known, the parents,
6 guardian, or legal custodian.
7 (b) Establish that the child was legally taken into
8 custody, with sufficient information to establish the
9 jurisdiction of the court and to make a prima facie showing
10 that the child has committed a violation of law.
11 (6)
12 (c) Each letter of recommendation, written notice,
13 report, or other paper required by law pertaining to the case
14 shall bear the uniform case number of the case, and a copy
15 shall be filed with the clerk of the circuit court by the
16 issuing agency. The issuing agency shall furnish copies to
17 the juvenile probation officer intake counselor or case
18 manager and the state attorney.
19 Section 9. Subsections (1) and (2) and paragraph (a)
20 of subsection (10) of section 985.215, Florida Statutes, are
21 amended to read:
22 985.215 Detention.--
23 (1) The juvenile probation officer intake counselor or
24 case manager shall receive custody of a child who has been
25 taken into custody from the law enforcement agency and shall
26 review the facts in the law enforcement report or probable
27 cause affidavit and make such further inquiry as may be
28 necessary to determine whether detention care is required.
29 (a) During the period of time from the taking of the
30 child into custody to the date of the detention hearing, the
31 initial decision as to the child's placement into secure
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1 detention care, nonsecure detention care, or home detention
2 care shall be made by the juvenile probation officer intake
3 counselor or case manager pursuant to ss. 985.213 and 985.214.
4 (b) The juvenile probation officer intake counselor or
5 case manager shall base the decision whether or not to place
6 the child into secure detention care, home detention care, or
7 nonsecure detention care on an assessment of risk in
8 accordance with the risk assessment instrument and procedures
9 developed by the Department of Juvenile Justice under s.
10 985.213.
11 (c) If the juvenile probation officer intake counselor
12 or case manager determines that a child who is eligible for
13 detention based upon the results of the risk assessment
14 instrument should be released, the juvenile probation officer
15 intake counselor or case manager shall contact the state
16 attorney, who may authorize release. If detention is not
17 authorized, the child may be released by the juvenile
18 probation officer intake counselor or case manager in
19 accordance with s. 985.211.
20
21 Under no circumstances shall the juvenile probation officer
22 intake counselor or case manager or the state attorney or law
23 enforcement officer authorize the detention of any child in a
24 jail or other facility intended or used for the detention of
25 adults, without an order of the court.
26 (2) Subject to the provisions of subsection (1), a
27 child taken into custody and placed into nonsecure or home
28 detention care or detained in secure detention care prior to a
29 detention hearing may continue to be detained by the court if:
30 (a) The child is alleged to be an escapee or an
31 absconder from a commitment program, a community control
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1 program, furlough, or aftercare supervision, or is alleged to
2 have escaped while being lawfully transported to or from such
3 program or supervision.
4 (b) The child is wanted in another jurisdiction for an
5 offense which, if committed by an adult, would be a felony.
6 (c) The child is charged with a delinquent act or
7 violation of law and requests in writing through legal counsel
8 to be detained for protection from an imminent physical threat
9 to his or her personal safety.
10 (d) The child is charged with committing an offense of
11 domestic violence as defined in s. 741.28(1) and is detained
12 as provided in s. 985.213(2)(b)3.
13 (e) The child is charged with a capital felony, a life
14 felony, a felony of the first degree, a felony of the second
15 degree that does not involve a violation of chapter 893, or a
16 felony of the third degree that is also a crime of violence,
17 including any such offense involving the use or possession of
18 a firearm.
19 (f) The child is charged with any second degree or
20 third degree felony involving a violation of chapter 893 or
21 any third degree felony that is not also a crime of violence,
22 and the child:
23 1. Has a record of failure to appear at court hearings
24 after being properly notified in accordance with the Rules of
25 Juvenile Procedure;
26 2. Has a record of law violations prior to court
27 hearings;
28 3. Has already been detained or has been released and
29 is awaiting final disposition of the case;
30 4. Has a record of violent conduct resulting in
31 physical injury to others; or
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1 5. Is found to have been in possession of a firearm.
2 (g) The child is alleged to have violated the
3 conditions of the child's community control or aftercare
4 supervision. However, a child detained under this paragraph
5 may be held only in a consequence unit as provided in s.
6 985.231(1)(a)1.c. If a consequence unit is not available, the
7 child shall be placed on home detention with electronic
8 monitoring.
9
10 A child who meets any of these criteria and who is ordered to
11 be detained pursuant to this subsection shall be given a
12 hearing within 24 hours after being taken into custody. The
13 purpose of the detention hearing is to determine the existence
14 of probable cause that the child has committed the delinquent
15 act or violation of law with which he or she is charged and
16 the need for continued detention. Unless a child is detained
17 under paragraph (d), the court shall utilize the results of
18 the risk assessment performed by the juvenile probation
19 officer intake counselor or case manager and, based on the
20 criteria in this subsection, shall determine the need for
21 continued detention. A child placed into secure, nonsecure, or
22 home detention care may continue to be so detained by the
23 court pursuant to this subsection. If the court orders a
24 placement more restrictive than indicated by the results of
25 the risk assessment instrument, the court shall state, in
26 writing, clear and convincing reasons for such placement.
27 Except as provided in s. 790.22(8) or in subparagraph
28 (10)(a)2., paragraph (10)(b), paragraph (10)(c), or paragraph
29 (10)(d), when a child is placed into secure or nonsecure
30 detention care, or into a respite home or other placement
31 pursuant to a court order following a hearing, the court order
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1 must include specific instructions that direct the release of
2 the child from such placement no later than 5 p.m. on the last
3 day of the detention period specified in paragraph (5)(b) or
4 paragraph (5)(c), or subparagraph (10)(a)1., whichever is
5 applicable, unless the requirements of such applicable
6 provision have been met or an order of continuance has been
7 granted pursuant to paragraph (5)(d).
8 (10)(a)1. When a child is committed to the Department
9 of Juvenile Justice awaiting dispositional placement, removal
10 of the child from detention care shall occur within 5 days,
11 excluding Saturdays, Sundays, and legal holidays. If the child
12 is committed to a low-risk residential program or a
13 moderate-risk residential program, the department may seek an
14 order from the court authorizing continued detention for a
15 specific period of time necessary for the appropriate
16 residential placement of the child. However, such continued
17 detention in secure detention care may not exceed 15 days
18 after commitment, excluding Saturdays, Sundays, and legal
19 holidays, and except as otherwise provided in this subsection.
20 A child may not be held in secure detention during the 5-day
21 period while awaiting placement unless the child meets the
22 criteria for detention prescribed in this section.
23 2. The court must place all children who are
24 adjudicated and awaiting placement in a residential commitment
25 program in detention care. Children who are in home detention
26 care or nonsecure detention care may be placed on electronic
27 monitoring. A child committed to a moderate-risk residential
28 program may be held in a juvenile assignment center pursuant
29 to s. 985.307 until placement or commitment is accomplished.
30 Section 10. Subsection (2) of section 985.216, Florida
31 Statutes, is amended to read:
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1 985.216 Punishment for contempt of court; alternative
2 sanctions.--
3 (2) PLACEMENT IN A SECURE FACILITY.--A child may be
4 placed in a secure facility for purposes of punishment for
5 contempt of court if alternative sanctions are unavailable or
6 inappropriate, or if the child has already been ordered to
7 serve an alternative sanction but failed to comply with the
8 sanction.
9 (a) A delinquent child who has been held in direct or
10 indirect contempt may be placed in a secure detention facility
11 for 5 days for a first offense or 15 days for a second or
12 subsequent offense, or in a secure residential commitment
13 facility.
14 (b) A child in need of services who has been held in
15 direct contempt or indirect contempt may be placed, for 5 days
16 for a first offense or 15 days for a second or subsequent
17 offense, in a staff-secure shelter or a staff-secure
18 residential facility solely for children in need of services
19 if such placement is available, or, if such placement is not
20 available, the child may be placed in an appropriate mental
21 health facility or substance abuse facility for assessment. In
22 addition to disposition under this paragraph, a child in need
23 of services who is held in direct contempt or indirect
24 contempt may be placed in a physically secure facility as
25 provided under s. 984.226 if conditions of eligibility are
26 met.
27 Section 11. Paragraph (a) of subsection (3) of section
28 985.226, Florida Statutes, is amended to read:
29 985.226 Criteria for waiver of juvenile court
30 jurisdiction; hearing on motion to transfer for prosecution as
31 an adult.--
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1 (3) WAIVER HEARING.--
2 (a) Within 7 days, excluding Saturdays, Sundays, and
3 legal holidays, after the date a petition alleging that a
4 child has committed a delinquent act or violation of law has
5 been filed, or later with the approval of the court, but
6 before an adjudicatory hearing and after considering the
7 recommendation of the juvenile probation officer intake
8 counselor or case manager, the state attorney may file a
9 motion requesting the court to transfer the child for criminal
10 prosecution.
11 Section 12. Paragraph (b) of subsection (3) of section
12 985.23, Florida Statutes, is amended to read:
13 985.23 Disposition hearings in delinquency
14 cases.--When a child has been found to have committed a
15 delinquent act, the following procedures shall be applicable
16 to the disposition of the case:
17 (3)
18 (b) If the court determines that commitment to the
19 department is appropriate, the juvenile probation officer
20 intake counselor or case manager shall recommend to the court
21 the most appropriate placement and treatment plan,
22 specifically identifying the restrictiveness level most
23 appropriate for the child. If the court has determined that
24 the child was a member of a criminal street gang, that
25 determination shall be given great weight in identifying the
26 most appropriate restrictiveness level for the child. The
27 court shall consider the department's recommendation in making
28 its commitment decision.
29 Section 13. Paragraph (a) of subsection (1) of section
30 985.231, Florida Statutes, is amended to read:
31 985.231 Powers of disposition in delinquency cases.--
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1 (1)(a) The court that has jurisdiction of an
2 adjudicated delinquent child may, by an order stating the
3 facts upon which a determination of a sanction and
4 rehabilitative program was made at the disposition hearing:
5 1. Place the child in a community control program or
6 an aftercare program under the supervision of an authorized
7 agent of the Department of Juvenile Justice or of any other
8 person or agency specifically authorized and appointed by the
9 court, whether in the child's own home, in the home of a
10 relative of the child, or in some other suitable place under
11 such reasonable conditions as the court may direct. A
12 community control program for an adjudicated delinquent child
13 must include a penalty component such as restitution in money
14 or in kind, community service, a curfew, revocation or
15 suspension of the driver's license of the child, or other
16 nonresidential punishment appropriate to the offense and must
17 also include a rehabilitative program component such as a
18 requirement of participation in substance abuse treatment or
19 in school or other educational program.
20 a. A restrictiveness level classification scale for
21 levels of supervision shall be provided by the department,
22 taking into account the child's needs and risks relative to
23 community control supervision requirements to reasonably
24 ensure the public safety. Community control programs for
25 children shall be supervised by the department or by any other
26 person or agency specifically authorized by the court. These
27 programs must include, but are not limited to, structured or
28 restricted activities as described in this subparagraph, and
29 shall be designed to encourage the child toward acceptable and
30 functional social behavior. If supervision or a program of
31 community service is ordered by the court, the duration of
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1 such supervision or program must be consistent with any
2 treatment and rehabilitation needs identified for the child
3 and may not exceed the term for which sentence could be
4 imposed if the child were committed for the offense, except
5 that the duration of such supervision or program for an
6 offense that is a misdemeanor of the second degree, or is
7 equivalent to a misdemeanor of the second degree, may be for a
8 period not to exceed 6 months. When restitution is ordered by
9 the court, the amount of restitution may not exceed an amount
10 the child and the parent or guardian could reasonably be
11 expected to pay or make. A child who participates in any work
12 program under this part is considered an employee of the state
13 for purposes of liability, unless otherwise provided by law.
14 b. The court may conduct judicial review hearings for
15 a child placed on community control for the purpose of
16 fostering accountability to the judge and compliance with
17 other requirements, such as restitution and community service.
18 The court may allow early termination of community control for
19 a child who has substantially complied with the terms and
20 conditions of community control.
21 c. If the conditions of the community control program
22 or the aftercare program are violated, the agent supervising
23 the program as it relates to the child involved, or the state
24 attorney, may bring the child before the court on a petition
25 alleging a violation of the program. Any child who violates
26 the conditions of community control or aftercare must be
27 brought before the court if sanctions are sought. A child
28 taken into custody under s. 985.207 s. 39.037 for violating
29 the conditions of community control or aftercare shall be held
30 in a consequence unit if such a unit is available. The child
31 shall be afforded a hearing within 24 hours after being taken
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1 into custody to determine the existence of probable cause that
2 the child violated the conditions of community control or
3 aftercare. A consequence unit is a secure facility
4 specifically designated by the department for children who are
5 taken into custody under s. 985.207 for violating community
6 control or aftercare, or who have been found by the court to
7 have violated the conditions of community control or
8 aftercare. If the violation involves a new charge of
9 delinquency, the child may be detained under s. 985.215 in a
10 facility other than a consequence unit. If the child is not
11 eligible for detention for the new charge of delinquency, the
12 child may be held in the consequence unit pending a hearing
13 and is subject to the time limitations specified in s.
14 985.215. If the child denies violating the conditions of
15 community control or aftercare, the court shall appoint
16 counsel to represent the child at the child's request. Upon
17 the child's admission, or if the court finds after a hearing
18 that the child has violated the conditions of community
19 control or aftercare, the court shall enter an order revoking,
20 modifying, or continuing community control or aftercare. In
21 each such case, the court shall enter a new disposition order
22 and, in addition to the sanctions set forth in this paragraph,
23 may impose any sanction the court could have imposed at the
24 original disposition hearing. If the child is found to have
25 violated the conditions of community control or aftercare, the
26 court may:
27 (I) Place the child in a consequence unit in that
28 judicial circuit, if available, for up to 5 days for a first
29 violation, and up to 15 days for a second or subsequent
30 violation.
31
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1 (II) Place the child on home detention with electronic
2 monitoring. However, this sanction may be used only if a
3 residential consequence unit is not available.
4 (III) Modify or continue the child's community control
5 program or aftercare program.
6 (IV) Revoke community control or aftercare and commit
7 the child to the department.
8 d. Notwithstanding s. 743.07 and paragraph (d), and
9 except as provided in s. 985.31, the term of any order placing
10 a child in a community control program must be until the
11 child's 19th birthday unless he or she is released by the
12 court, on the motion of an interested party or on its own
13 motion.
14 2. Commit the child to a licensed child-caring agency
15 willing to receive the child, but the court may not commit the
16 child to a jail or to a facility used primarily as a detention
17 center or facility or shelter.
18 3. Commit the child to the Department of Juvenile
19 Justice at a restrictiveness level defined in s. 985.03(45).
20 Such commitment must be for the purpose of exercising active
21 control over the child, including, but not limited to,
22 custody, care, training, urine monitoring, and treatment of
23 the child and furlough of the child into the community.
24 Notwithstanding s. 743.07 and paragraph (d), and except as
25 provided in s. 985.31, the term of the commitment must be
26 until the child is discharged by the department or until he or
27 she reaches the age of 21.
28 4. Revoke or suspend the driver's license of the
29 child.
30 5. Require the child and, if the court finds it
31 appropriate, the child's parent or guardian together with the
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1 child, to render community service in a public service
2 program.
3 6. As part of the community control program to be
4 implemented by the Department of Juvenile Justice, or, in the
5 case of a committed child, as part of the community-based
6 sanctions ordered by the court at the disposition hearing or
7 before the child's release from commitment, order the child to
8 make restitution in money, through a promissory note cosigned
9 by the child's parent or guardian, or in kind for any damage
10 or loss caused by the child's offense in a reasonable amount
11 or manner to be determined by the court. The clerk of the
12 circuit court shall be the receiving and dispensing agent. In
13 such case, the court shall order the child or the child's
14 parent or guardian to pay to the office of the clerk of the
15 circuit court an amount not to exceed the actual cost incurred
16 by the clerk as a result of receiving and dispensing
17 restitution payments. The clerk shall notify the court if
18 restitution is not made, and the court shall take any further
19 action that is necessary against the child or the child's
20 parent or guardian. A finding by the court, after a hearing,
21 that the parent or guardian has made diligent and good faith
22 efforts to prevent the child from engaging in delinquent acts
23 absolves the parent or guardian of liability for restitution
24 under this subparagraph.
25 7. Order the child and, if the court finds it
26 appropriate, the child's parent or guardian together with the
27 child, to participate in a community work project, either as
28 an alternative to monetary restitution or as part of the
29 rehabilitative or community control program.
30 8. Commit the child to the Department of Juvenile
31 Justice for placement in a program or facility for serious or
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1 habitual juvenile offenders in accordance with s. 985.31. Any
2 commitment of a child to a program or facility for serious or
3 habitual juvenile offenders must be for an indeterminate
4 period of time, but the time may not exceed the maximum term
5 of imprisonment that an adult may serve for the same offense.
6 The court may retain jurisdiction over such child until the
7 child reaches the age of 21, specifically for the purpose of
8 the child completing the program.
9 9. In addition to the sanctions imposed on the child,
10 order the parent or guardian of the child to perform community
11 service if the court finds that the parent or guardian did not
12 make a diligent and good faith effort to prevent the child
13 from engaging in delinquent acts. The court may also order the
14 parent or guardian to make restitution in money or in kind for
15 any damage or loss caused by the child's offense. The court
16 shall determine a reasonable amount or manner of restitution,
17 and payment shall be made to the clerk of the circuit court as
18 provided in subparagraph 6.
19 10. Subject to specific appropriation, commit the
20 juvenile sexual offender to the Department of Juvenile Justice
21 for placement in a program or facility for juvenile sexual
22 offenders in accordance with s. 985.308. Any commitment of a
23 juvenile sexual offender to a program or facility for juvenile
24 sexual offenders must be for an indeterminate period of time,
25 but the time may not exceed the maximum term of imprisonment
26 that an adult may serve for the same offense. The court may
27 retain jurisdiction over a juvenile sexual offender until the
28 juvenile sexual offender reaches the age of 21, specifically
29 for the purpose of completing the program.
30 Section 14. Subsection (4) of section 985.301, Florida
31 Statutes, is amended to read:
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1 985.301 Civil citation.--
2 (4) If the juvenile fails to report timely for a work
3 assignment, complete a work assignment, or comply with
4 assigned intervention services within the prescribed time, or
5 if the juvenile commits a third or subsequent misdemeanor, the
6 law enforcement officer shall issue a report alleging the
7 child has committed a delinquent act, at which point the
8 juvenile probation officer an intake counselor or case manager
9 shall perform a preliminary determination as provided under s.
10 985.21(4).
11 Section 15. Subsection (4), paragraph (e) of
12 subsection (5), and paragraphs (a) and (d) of subsection (6)
13 of section 985.304, Florida Statutes, are amended to read:
14 985.304 Community arbitration.--
15 (4) PROCEDURE FOR INITIATING CASES FOR COMMUNITY
16 ARBITRATION.--
17 (a) Any law enforcement officer may issue a complaint,
18 along with a recommendation for community arbitration, against
19 any child who such officer has reason to believe has committed
20 any offense that is eligible for community arbitration. The
21 complaint shall specify the offense and the reasons why the
22 law enforcement officer feels that the offense should be
23 handled by community arbitration. Any juvenile probation
24 officer intake counselor or case manager or, at the request of
25 the child's parent or legal custodian or guardian, the state
26 attorney or the court having jurisdiction, with the
27 concurrence of the state attorney, may refer a complaint to be
28 handled by community arbitration when appropriate. A copy of
29 the complaint shall be forwarded to the appropriate juvenile
30 probation officer intake counselor or case manager and the
31 parent or legal custodian or guardian of the child within 48
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1 hours after issuance of the complaint. In addition to the
2 complaint, the child and the parent or legal custodian or
3 guardian shall be informed of the objectives of the community
4 arbitration process; the conditions, procedures, and
5 timeframes under which it will be conducted; and the fact that
6 it is not obligatory. The juvenile probation officer intake
7 counselor shall contact the child and the parent or legal
8 custodian or guardian within 2 days after the date on which
9 the complaint was received. At this time, the child or the
10 parent or legal custodian or guardian shall inform the
11 juvenile probation officer intake counselor of the decision to
12 approve or reject the handling of the complaint through
13 community arbitration.
14 (b) The juvenile probation officer intake counselor
15 shall verify accurate identification of the child and
16 determine whether or not the child has any prior adjudications
17 or adjudications withheld for an offense eligible for
18 community arbitration for consideration in the point value
19 structure. If the child has at least one prior adjudication
20 or adjudication withheld for an offense that which is not
21 eligible for community arbitration, or if the child has
22 already surpassed the accepted level of points on prior
23 community arbitration resolutions, the juvenile probation
24 officer intake counselor or case manager shall consult with
25 the state attorney regarding the filing of formal juvenile
26 proceedings.
27 (c) If the child or the parent or legal custodian or
28 guardian rejects the handling of the complaint through
29 community arbitration, the juvenile probation officer intake
30 counselor shall consult with the state attorney for the filing
31 of formal juvenile proceedings.
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1 (d) If the child or the parent or legal custodian or
2 guardian accepts the handling of the complaint through
3 community arbitration, the juvenile probation officer intake
4 counselor shall provide copies of the complaint to the
5 arbitrator or panel within 24 hours.
6 (e) The community arbitrator or community arbitration
7 panel shall, upon receipt of the complaint, set a time and
8 date for a hearing within 7 days and shall inform the child's
9 parent or legal custodian or guardian, the complaining
10 witness, and any victims of the time, date, and place of the
11 hearing.
12 (5) HEARINGS.--
13 (e) If a child fails to appear on the original hearing
14 date, the matter shall be referred back to the juvenile
15 probation officer, intake counselor who shall consult with the
16 state attorney regarding the filing of formal juvenile
17 proceedings.
18 (6) DISPOSITION OF CASES.--
19 (a) Subsequent to any hearing held as provided in
20 subsection (5), the community arbitrator or community
21 arbitration panel may:
22 1. Recommend that the state attorney decline to
23 prosecute the child.
24 2. Issue a warning to the child or the child's family
25 and recommend that the state attorney decline to prosecute the
26 child.
27 3. Refer the child for placement in a community-based
28 nonresidential program.
29 4. Refer the child or the family to community
30 counseling.
31
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1 5. Refer the child to a safety and education program
2 related to delinquent children.
3 6. Refer the child to a work program related to
4 delinquent children and require up to 100 hours of work by the
5 child.
6 7. Refer the child to a nonprofit organization for
7 volunteer work in the community and require up to 100 hours of
8 work by the child.
9 8. Order restitution in money or in kind in a case
10 involving property damage; however, the amount of restitution
11 shall not exceed the amount of actual damage to property.
12 9. Continue the case for further investigation.
13 10. Require the child to undergo urinalysis
14 monitoring.
15 11. Impose any other restrictions or sanctions that
16 are designed to encourage responsible and acceptable behavior
17 and are agreed upon by the participants of the community
18 arbitration proceedings.
19
20 The community arbitrator or community arbitration panel shall
21 determine an appropriate timeframe in which the disposition
22 must be completed. The community arbitrator or community
23 arbitration panel shall report the disposition of the case to
24 the juvenile probation officer intake counselor or case
25 manager.
26 (d) If a child consents to an informal resolution and,
27 in the presence of the parent or legal custodian or guardian
28 and the community arbitrator or community arbitration panel,
29 agrees to comply with any disposition suggested or ordered by
30 such arbitrator or panel and subsequently fails to abide by
31 the terms of such agreement, the community arbitrator or
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1 community arbitration panel may, after a careful review of the
2 circumstances, forward the case back to the juvenile probation
3 officer intake counselor, who shall consult with the state
4 attorney regarding the filing of formal juvenile proceedings.
5 Section 16. Effective upon this act becoming a law,
6 section 985.307, Florida Statutes, is amended to read:
7 985.307 Juvenile assignment centers.--
8 (1) Contingent upon specific appropriation, the
9 department shall establish juvenile assignment centers for
10 committed youth who have been ordered by the court for
11 placement in moderate-risk, high-risk, or maximum-risk
12 commitment programs. Juvenile assignment centers shall be
13 residential facilities serving committed youth awaiting
14 placement in a residential commitment program.
15 (2) The purpose of juvenile assignment centers shall
16 be:
17 (a) To ensure public safety by providing a secure
18 residential facility to hold and process juveniles awaiting
19 placement in commitment programs rather than releasing them to
20 their homes and back into the community.
21 (b) To review assessments completed at local juvenile
22 assessment centers and avoid duplication of assessment
23 efforts. Assessments should include medical, academic,
24 psychological, behavioral, sociological, substance abuse and
25 mental health, and vocational testing.
26 (c) To determine appropriate treatment needs,
27 programming, and placement decisions, and, when appropriate,
28 to develop a treatment plan for each juvenile.
29 (d) To examine a juvenile's need for aftercare and
30 independent living upon release from a commitment program and,
31 when appropriate, include this in the treatment plan.
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1 (3) Juveniles committed to the department shall be
2 placed in an assignment center following the dispositional
3 hearing and shall be transferred to the designated residential
4 commitment program upon the availability of placement.
5 (4) Juvenile assignment centers shall be physically
6 secure residential facilities located in each department
7 region to serve youth in that region who are awaiting
8 placement in commitment programs.
9 (5) For each juvenile admitted into an assignment
10 center, the following shall be conducted:
11 (a) Review all assessments, diagnostic testing, and
12 screening instruments performed on the juvenile while at an
13 assessment center, in detention, during intake, or in a
14 program or while in school; and also review the juvenile's
15 school records from the school in which the juvenile is
16 enrolled.
17 (b) Determine the need for, and provide or contract
18 for, additional evaluation, including, but not limited to:
19 needs assessment, substance abuse screening, physical and
20 mental health screening, behavioral screening, educational
21 assessment, aptitude testing, diagnostic testing,
22 psychological evaluation, and vocational testing.
23 (c) Based upon the restrictiveness level ordered by
24 the court and evaluation required in paragraph (b), the
25 department program staff shall make an assignment to a
26 specific commitment program. Program placements shall also
27 take into consideration the geographic location of the
28 juvenile's family in order to facilitate family visits and
29 participation.
30 (d) Pending a juvenile's placement in a commitment
31 program:
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1 1. Initiate appropriate treatment plans, educational
2 plans, performance agreements, and transitional planning based
3 upon the court order and assessments.
4 2. Provide or contract for the provision of short-term
5 services, including educational programming, vocational
6 training, mental health services, substance abuse education,
7 conflict resolution training, and impulse control and anger
8 management training. If warranted by a substance abuse
9 screening or a mental or physical health screening performed
10 while the juvenile is in the assignment center, a juvenile may
11 receive treatment while in the assignment center, including,
12 but not limited to, substance abuse, mental health, or
13 physical health treatment.
14 (e) To the extent possible, involve the juvenile's
15 parents or guardian and family in the evaluation process and
16 in the provision of services. Staff shall make efforts to
17 contact the parents or guardian and encourage their
18 involvement.
19 (f) Ensure that all commitment information is complete
20 and ready for transmittal to the commitment program. This
21 shall include a comprehensive treatment plan that reflects the
22 information gathered through the assessment process and
23 includes planning for aftercare and independent living, if
24 needed.
25 (6) Notwithstanding any provision to the contrary,
26 this section expires July 1, 2002 1998, unless reenacted by
27 the Legislature. The department may not create or operate a
28 juvenile assignment center after July 1, 2002 1998, without
29 further legislative authority. Unless reenacted by the
30 Legislature, any juvenile assignment center created under this
31 section shall be converted to a high-level or maximum-level
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1 residential commitment program, subject to availability of
2 funds.
3 Section 17. Paragraphs (f) and (h) of subsection (3)
4 of section 985.31, Florida Statutes, are amended to read:
5 985.31 Serious or habitual juvenile offender.--
6 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
7 TREATMENT.--
8 (f) After a child has been transferred for criminal
9 prosecution, a circuit court judge may direct the juvenile
10 probation officer an intake counselor or case manager to
11 consult with designated staff from an appropriate serious or
12 habitual juvenile offender program for the purpose of making
13 recommendations to the court regarding the child's placement
14 in such program.
15 (h) Based on the recommendations of the
16 multidisciplinary assessment, the juvenile probation officer
17 intake counselor or case manager shall make the following
18 recommendations to the court:
19 1. For each child who has not been transferred for
20 criminal prosecution, the juvenile probation officer intake
21 counselor or case manager shall recommend whether placement in
22 such program is appropriate and needed.
23 2. For each child who has been transferred for
24 criminal prosecution, the juvenile probation officer intake
25 counselor or case manager shall recommend whether the most
26 appropriate placement for the child is a juvenile justice
27 system program, including a serious or habitual juvenile
28 offender program or facility, or placement in the adult
29 correctional system.
30
31
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1 If treatment provided by a serious or habitual juvenile
2 offender program or facility is determined to be appropriate
3 and needed and placement is available, the juvenile probation
4 officer intake counselor or case manager and the court shall
5 identify the appropriate serious or habitual juvenile offender
6 program or facility best suited to the needs of the child.
7 Section 18. Paragraphs (f) and (h) of subsection (3)
8 of section 985.311, Florida Statutes, are amended to read:
9 985.311 Intensive residential treatment program for
10 offenders less than 13 years of age.--
11 (3) PRINCIPLES AND RECOMMENDATIONS OF ASSESSMENT AND
12 TREATMENT.--
13 (f) After a child has been transferred for criminal
14 prosecution, a circuit court judge may direct the juvenile
15 probation officer an intake counselor or case manager to
16 consult with designated staff from an appropriate intensive
17 residential treatment program for offenders less than 13 years
18 of age for the purpose of making recommendations to the court
19 regarding the child's placement in such program.
20 (h) Based on the recommendations of the
21 multidisciplinary assessment, the juvenile probation officer
22 intake counselor or case manager shall make the following
23 recommendations to the court:
24 1. For each child who has not been transferred for
25 criminal prosecution, the juvenile probation officer intake
26 counselor or case manager shall recommend whether placement in
27 such program is appropriate and needed.
28 2. For each child who has been transferred for
29 criminal prosecution, the juvenile probation officer intake
30 counselor or case manager shall recommend whether the most
31 appropriate placement for the child is a juvenile justice
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1 system program, including a child who is eligible for an
2 intensive residential treatment program for offenders less
3 than 13 years of age, or placement in the adult correctional
4 system.
5
6 If treatment provided by an intensive residential treatment
7 program for offenders less than 13 years of age is determined
8 to be appropriate and needed and placement is available, the
9 juvenile probation officer intake counselor or case manager
10 and the court shall identify the appropriate intensive
11 residential treatment program for offenders less than 13 years
12 of age best suited to the needs of the child.
13 Section 19. Section 944.401, Florida Statutes, is
14 transferred, renumbered as section 985.3141, Florida Statutes,
15 and amended to read:
16 985.3141 944.401 Escapes from secure detention or
17 residential commitment facility.--An escape from:
18 (1) Any secure detention facility maintained for the
19 temporary detention of children, pending adjudication,
20 disposition, or placement; an escape from
21 (2) Any residential commitment facility defined in s.
22 985.03(45) s. 39.01(59), maintained for the custody,
23 treatment, punishment, or rehabilitation of children found to
24 have committed delinquent acts or violations of law; or an
25 escape from
26 (3) Lawful transportation to or from any such secure
27 detention facility or residential commitment facility, thereto
28 or therefrom
29
30
31
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1 constitutes escape within the intent and meaning of s. 944.40
2 and is a felony of the third degree, punishable as provided in
3 s. 775.082, s. 775.083, or s. 775.084.
4 Section 20. Paragraph (a) of subsection (2) of section
5 985.406, Florida Statutes, is amended to read:
6 985.406 Juvenile justice training academies
7 established; Juvenile Justice Standards and Training
8 Commission created; Juvenile Justice Training Trust Fund
9 created.--
10 (2) JUVENILE JUSTICE STANDARDS AND TRAINING
11 COMMISSION.--
12 (a) There is created under the Department of Juvenile
13 Justice the Juvenile Justice Standards and Training
14 Commission, hereinafter referred to as the commission. The
15 17-member commission shall consist of the Attorney General or
16 designee, the Commissioner of Education or designee, a member
17 of the juvenile court judiciary to be appointed by the Chief
18 Justice of the Supreme Court, and 14 members to be appointed
19 by the Secretary of Juvenile Justice as follows:
20 1. Seven members shall be juvenile justice
21 professionals: a superintendent or a direct care staff member
22 from an institution; a director from a contracted
23 community-based program; a superintendent and a direct care
24 staff member from a regional detention center or facility; a
25 juvenile probation officer or a supervisor of juvenile
26 probation officers community control counselor; and a director
27 of a day treatment or aftercare program. No fewer than three
28 of these members shall be contract providers.
29 2. Two members shall be representatives of local law
30 enforcement agencies.
31
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1 3. One member shall be an educator from the state's
2 university and community college program of criminology,
3 criminal justice administration, social work, psychology,
4 sociology, or other field of study pertinent to the training
5 of juvenile justice program staff.
6 4. One member shall be a member of the public.
7 5. One member shall be a state attorney, or assistant
8 state attorney, who has juvenile court experience.
9 6. One member shall be a public defender, or assistant
10 public defender, who has juvenile court experience.
11 7. One member shall be a representative of the
12 business community.
13
14 All appointed members shall be appointed to serve terms of 2
15 years.
16 Section 21. Subsection (1) of section 985.412, Florida
17 Statutes, is amended to read:
18 985.412 Quality assurance.--
19 (1)(a) It is the intent of the Legislature to:
20 1. Ensure that information be provided to
21 decisionmakers so that resources are allocated to programs of
22 the department which achieve desired performance levels.
23 2. Provide information about the cost of such programs
24 and their differential effectiveness so that the quality of
25 such programs can be compared and improvements made
26 continually.
27 3. Provide information to aid in developing related
28 policy issues and concerns.
29 4. Provide information to the public about the
30 effectiveness of such programs in meeting established goals
31 and objectives.
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1 5. Provide a basis for a system of accountability so
2 that each client is afforded the best programs to meet his or
3 her needs.
4 6. Improve service delivery to clients.
5 7. Modify or eliminate activities that are not
6 effective.
7 (b) As used in this subsection, the term:
8 1. "Client" means any person who is being provided
9 treatment or services by the department or by a provider under
10 contract with the department.
11 2. "Program component" means an aggregation of
12 generally related objectives which, because of their special
13 character, related workload, and interrelated output, can
14 logically be considered an entity for purposes of
15 organization, management, accounting, reporting, and
16 budgeting.
17 3. "Program effectiveness" means the ability of the
18 program to achieve desired client outcomes, goals, and
19 objectives.
20 (c) The department shall:
21 1. Establish a comprehensive quality assurance system
22 for each program operated by the department or operated by a
23 provider under contract with the department. Each contract
24 entered into by the department must provide for quality
25 assurance.
26 2. Provide operational definitions of and criteria for
27 quality assurance for each specific program component.
28 3. Establish quality assurance goals and objectives
29 for each specific program component.
30 4. Establish the information and specific data
31 elements required for the quality assurance program.
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1 5. Develop a quality assurance manual of specific,
2 standardized terminology and procedures to be followed by each
3 program.
4 6. Evaluate each program operated by a provider under
5 a contract with the department and establish minimum
6 thresholds for each program component. If a provider fails to
7 meet the established minimum thresholds, such failure shall
8 cause the department to cancel the provider's contract unless
9 the provider achieves compliance with minimum thresholds
10 within 6 months or unless there are documented extenuating
11 circumstances. In addition, the department may not contract
12 with the same provider for the canceled service for a period
13 of 12 months.
14
15 The department shall submit an annual report to the President
16 of the Senate, the Speaker of the House of Representatives,
17 the Minority Leader of each house of the Legislature, the
18 appropriate substantive and fiscal committees of each house of
19 the Legislature, and the Governor, no later than February 1 of
20 each year. The annual report must contain, at a minimum, for
21 each specific program component: a comprehensive description
22 of the population served by the program; a specific
23 description of the services provided by the program; cost; a
24 comparison of expenditures to federal and state funding;
25 immediate and long-range concerns; and recommendations to
26 maintain, expand, improve, modify, or eliminate each program
27 component so that changes in services lead to enhancement in
28 program quality. The department's inspector general shall
29 ensure the reliability and validity of the information
30 contained in the report.
31
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1 Section 22. Paragraph (b) of subsection (3) of section
2 985.413, Florida Statutes, is amended to read:
3 985.413 District juvenile justice boards.--
4 (3) DISTRICT JUVENILE JUSTICE BOARDS.--
5 (b)1.
6 a. The authority to appoint members to district
7 juvenile justice boards, and the size of each board, is as
8 follows:
9 (I) District 1 is to have a board composed of 12
10 members, to be appointed by the juvenile justice councils of
11 the respective counties, as follows: Escambia County, 6
12 members; Okaloosa County, 3 members; Santa Rosa County, 2
13 members; and Walton County, 1 member.
14 (II) District 2 is to have a board composed of 18
15 members, to be appointed by the juvenile justice councils in
16 the respective counties, as follows: Holmes County, 1 member;
17 Washington County, 1 member; Bay County, 2 members; Jackson
18 County, 1 member; Calhoun County, 1 member; Gulf County, 1
19 member; Gadsden County, 1 member; Franklin County, 1 member;
20 Liberty County, 1 member; Leon County, 4 members; Wakulla
21 County, 1 member; Jefferson County, 1 member; Madison County,
22 1 member; and Taylor County, 1 member.
23 (III) District 3 is to have a board composed of 15
24 members, to be appointed by the juvenile justice councils of
25 the respective counties, as follows: Hamilton County, 1
26 member; Suwannee County, 1 member; Lafayette County, 1 member;
27 Dixie County, 1 member; Columbia County, 1 member; Gilchrist
28 County, 1 member; Levy County, 1 member; Union County, 1
29 member; Bradford County, 1 member; Putnam County, 1 member;
30 and Alachua County, 5 members.
31
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1 (IV) District 4 is to have a board composed of 12
2 members, to be appointed by the juvenile justice councils of
3 the respective counties, as follows: Baker County, 1 member;
4 Nassau County, 1 member; Duval County, 7 members; Clay County,
5 2 members; and St. Johns County, 1 member.
6 (V) District 5 is to have a board composed of 12
7 members, to be appointed by the juvenile justice councils of
8 the respective counties, as follows: Pasco County, 3 members;
9 and Pinellas County, 9 members.
10 (VI) District 6 is to have a board composed of 12
11 members, to be appointed by the juvenile justice councils of
12 the respective counties, as follows: Hillsborough County, 9
13 members; and Manatee County, 3 members.
14 (VII) District 7 is to have a board composed of 12
15 members, to be appointed by the juvenile justice councils of
16 the respective counties, as follows: Seminole County, 3
17 members; Orange County, 5 members; Osceola County, 1 member;
18 and Brevard County, 3 members.
19 (VIII) District 8 is to have a board composed of 12
20 members, to be appointed by the juvenile justice councils of
21 the respective counties, as follows: Sarasota County, 3
22 members; DeSoto County, 1 member; Charlotte County, 1 member;
23 Lee County, 3 members; Glades County, 1 member; Hendry County,
24 1 member; and Collier County, 2 members.
25 (IX) District 9 is to have a board composed of 12
26 members, to be appointed by the juvenile justice council of
27 Palm Beach County.
28 (X) District 10 is to have a board composed of 12
29 members, to be appointed by the juvenile justice council of
30 Broward County.
31
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1 (XI) District 11 is to have a juvenile justice board
2 composed of 12 members to be appointed by the juvenile justice
3 council in the respective counties, as follows: Dade County,
4 6 members and Monroe County, 6 members.
5 (XII) District 12 is to have a board composed of 12
6 members, to be appointed by the juvenile justice council of
7 the respective counties, as follows: Flagler County, 3
8 members; and Volusia County, 9 members.
9 (XIII) District 13 is to have a board composed of 12
10 members, to be appointed by the juvenile justice councils of
11 the respective counties, as follows: Marion County, 4 members;
12 Citrus County, 2 members; Hernando County, 2 members; Sumter
13 County, 1 member; and Lake County, 3 members.
14 (XIV) District 14 is to have a board composed of 12
15 members, to be appointed by the juvenile justice councils of
16 the respective counties, as follows: Polk County, 9 members;
17 Highlands County, 2 members; and Hardee County, 1 member.
18 (XV) District 15 is to have a board composed of 12
19 members, to be appointed by the juvenile justice councils of
20 the respective counties, as follows: Indian River County, 3
21 members; Okeechobee County, 1 member; St. Lucie County, 5
22 members; and Martin County, 3 members.
23
24 The district health and human services board in each district
25 may appoint one of its members to serve as an ex officio
26 member of the district juvenile justice board established
27 under this sub-subparagraph.
28 b. In any judicial circuit where a juvenile
29 delinquency and gang prevention council exists on the date
30 this act becomes law, and where the circuit and district or
31 subdistrict boundaries are identical, such council shall
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1 become the district juvenile justice board, and shall
2 thereafter have the purposes and exercise the authority and
3 responsibilities provided in this section.
4 2. At any time after the adoption of initial bylaws
5 pursuant to paragraph (c), a district juvenile justice board
6 may adopt a bylaw to enlarge the size, by no more than three
7 members, and composition of the board to adequately reflect
8 the diversity of the population and community organizations in
9 the district.
10 3. All appointments shall be for 2-year terms.
11 Appointments to fill vacancies created by death, resignation,
12 or removal of a member are for the unexpired term. A member
13 may not serve more than three two full consecutive terms;
14 however, this limitation does not apply in any district in
15 which a juvenile delinquency and gang prevention council that
16 existed on May 7, 1993, became the district juvenile justice
17 board.
18 4. A member who is absent for three meetings within
19 any 12-month period, without having been excused by the chair,
20 is deemed to have resigned, and the board shall immediately
21 declare the seat vacant. Members may be suspended or removed
22 for cause by a majority vote of the board members or by the
23 Governor.
24 5. Members are subject to the provisions of chapter
25 112, part III, Code of Ethics for Public Officers and
26 Employees.
27 Section 23. Subsection (2) of section 985.414, Florida
28 Statutes, is amended to read:
29 985.414 County juvenile justice councils.--
30 (2)(a) The purpose of a county juvenile justice
31 council is to provide a forum for the development of a
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1 community-based interagency assessment of the local juvenile
2 justice system, to develop a county juvenile justice plan for
3 more effectively preventing juvenile delinquency, and to make
4 recommendations for more effectively utilizing existing
5 community resources in dealing with juveniles who are truant
6 or have been suspended or expelled from school, or who are
7 found to be involved in crime. The county juvenile justice
8 plan shall include relevant portions of local crime prevention
9 and public safety plans, school improvement and school safety
10 plans, and the plans or initiatives of other public and
11 private entities within the county that are concerned with
12 dropout prevention, school safety, the prevention of juvenile
13 crime and criminal activity by youth gangs, and alternatives
14 to suspension, expulsion, and detention for children found in
15 contempt of court.
16 (b) The duties and responsibilities of a county
17 juvenile justice council include, but are not limited to:
18 1. Developing a county juvenile justice plan based
19 upon utilization of the resources of law enforcement, the
20 school system, the Department of Juvenile Justice, the
21 Department of Children and Family Services, and others in a
22 cooperative and collaborative manner to prevent or discourage
23 juvenile crime and develop meaningful alternatives to school
24 suspensions and expulsions.
25 2. Entering into a written county interagency
26 agreement specifying the nature and extent of contributions
27 each signatory agency will make in achieving the goals of the
28 county juvenile justice plan and their commitment to the
29 sharing of information useful in carrying out the goals of the
30 interagency agreement to the extent authorized by law. The
31 interagency agreement must include at least the following
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1 participants: the local school authorities, local law
2 enforcement agencies, the public defenders, and local
3 representatives of the Department of Juvenile Justice and the
4 Department of Children and Family Services. The agreement must
5 specify how community entities will cooperate, collaborate,
6 and share information in furthering the goals of the district
7 and county juvenile justice plan.
8 3. Applying for and receiving public or private
9 grants, to be administered by one of the community partners,
10 that support one or more components of the county juvenile
11 justice plan.
12 4. Designating the county representatives to the
13 district juvenile justice board pursuant to s. 985.413.
14 5. Providing a forum for the presentation of
15 interagency recommendations and the resolution of
16 disagreements relating to the contents of the county
17 interagency agreement or the performance by the parties of
18 their respective obligations under the agreement.
19 6. Assisting and directing the efforts of local
20 community support organizations and volunteer groups in
21 providing enrichment programs and other support services for
22 clients of local juvenile detention centers.
23 7. Providing an annual report and recommendations to
24 the district juvenile justice board, the Juvenile Justice
25 Advisory Board, and the district juvenile justice manager.
26 Section 24. Subsection (1) of section 985.415, Florida
27 Statutes, is amended to read:
28 985.415 Community Juvenile Justice Partnership
29 Grants.--
30 (1) GRANTS; CRITERIA.--
31
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1 (a) In order to encourage the development of county
2 and district juvenile justice plans, as specified in ss.
3 985.413 and 985.414, and the development and implementation of
4 county and district interagency agreements among
5 representatives of the Department of Juvenile Justice, the
6 Department of Children and Family Services, law enforcement,
7 and school authorities, the community juvenile justice
8 partnership grant program is established, which program shall
9 be administered by the Department of Juvenile Justice.
10 (b) The department shall only consider applications
11 that which at a minimum provide for the following:
12 1. The participation of the agencies or programs that
13 are needed to implement the project or program for which the
14 applicant is applying local school authorities, local law
15 enforcement, and local representatives of the Department of
16 Juvenile Justice and the Department of Children and Family
17 Services pursuant to a written interagency partnership
18 agreement. Such agreement must specify how community entities
19 will cooperate, collaborate, and share information in
20 furtherance of the goals of the district and county juvenile
21 justice plan; and
22 2. The reduction of truancy and in-school and
23 out-of-school suspensions and expulsions, and the enhancement
24 of school safety.
25 (c) In addition, the department may consider the
26 following criteria in awarding grants:
27 1. The district juvenile justice plan and any county
28 juvenile justice plans that are referred to or incorporated
29 into the district plan, including a list of individuals,
30 groups, and public and private entities that participated in
31 the development of the plan.
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1 2. The diversity of community entities participating
2 in the development of the district juvenile justice plan.
3 3. The number of community partners who will be
4 actively involved in the operation of the grant program.
5 4. The number of students or youths to be served by
6 the grant and the criteria by which they will be selected.
7 5. The criteria by which the grant program will be
8 evaluated and, if deemed successful, the feasibility of
9 implementation in other communities.
10 Section 25. This act shall take effect July 1, 1998,
11 except that this section and section 16 of this act shall take
12 effect upon becoming a law.
13
14 STATEMENT OF SUBSTANTIAL CHANGES CONTAINED IN
COMMITTEE SUBSTITUTE FOR
15 Senate Bill 2288
16
17 1. Removes the section amending s. 938.19, F.S., relating to
teen courts.
18
2. Makes the public defenders participants with the
19 Department of Juvenile Justice as it relates to juvenile
assessment centers and interagency agreements.
20
21
22
23
24
25
26
27
28
29
30
31
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